Tommorow is the big day for the EFF's AT&T NSA spying case. There is a public hearing in the morning to determine whether or not the Federal Government will be able to assert the State Secret's Privilege to squash the case. Wired has tons of coverage, including information from the EFF's exhibits, which I'm linking here.

The normal work force of unionized technicians in the office are forbidden to enter the "secret room," which has a special combination lock on the main door. The telltale sign of an illicit government spy operation is the fact that only people with security clearance from the National Security Agency can enter this room.

The above-referenced document includes a diagram (PDF 3) showing the splitting of the light signal, a portion of which is diverted to "SG3 Secure Room," i.e., the so-called "Study Group" spy room.

Since the San Francisco "secret room" is numbered 3, the implication is that there are at least several more in other cities (Seattle, San Jose, Los Angeles and San Diego are some of the rumored locations), which likely are spread across the United States.

Now, the description offered here would be valid for a CALEA compliance room. The existance of these things doesn't demonstrate what is being surveilled or why or with what authority. But the technical information is likely of interest to the geeks on this site, including the tool used for collecting data (which is a common CALEA compliance tool). There is also a picture of the room.

The State Secrets Option, BTW, is the nuclear option in law. If this case proceeds it will be a watershed event, particularly given that this option was accepted in the rendition case of Maher Arar. Getting tortured by a foreign government is a bit more serious then getting your phone tapped.

Of course, consideration of this matter leads one rapidly to worry that that if the intelligence or security establishment commits a crime, and you are the victim of that crime, you have no recourse. This tends to indicate that the realm of intelligence and national security is an autonomous zone, where the only real law is "trust us."

Wired News: AT&T Whistle-Blower's Evidence

Stratfor: Geopolitical Intelligence Report - May 16, 2006

Civil Liberties and National Security

By George Friedman

USA Today published a story last week stating that U.S. telephone
companies (Qwest excepted) had been handing over to the National
Security Agency (NSA) logs of phone calls made by American
citizens. This has, as one might expect, generated a fair bit of
controversy -- with opinions ranging from "It's not only legal but
a great idea" to "This proves that Bush arranged 9/11 so he could
create a police state." A fine time is being had by all. Therefore,
it would seem appropriate to pause and consider the matter.

Let's begin with an obvious question: How in God's name did USA
Today find out about a program that had to have been among the most
closely held secrets in the intelligence community -- not only
because it would be embarrassing if discovered, but also because
the entire program could work only if no one knew it was under way?
No criticism of USA Today, but we would assume that the newspaper
wasn't running covert operations against the NSA. Therefore,
someone gave them the story, and whoever gave them the story had to
be cleared to know about it. That means that someone with a high
security clearance leaked an NSA secret.

Americans have become so numbed to leaks at this point that no one
really has discussed the implications of what we are seeing: The
intelligence community is hemorrhaging classified information. It's
possible that this leak came from one of the few congressmen or
senators or staffers on oversight committees who had been briefed
on this material -- but either way, we are seeing an extraordinary
breakdown among those with access to classified material.

The reason for this latest disclosure is obviously the nomination
of Gen. Michael Hayden to be the head of the CIA. Before his
appointment as deputy director of national intelligence, Hayden had
been the head of the NSA, where he oversaw the collection and
data-mining project involving private phone calls. Hayden's
nomination to the CIA has come under heavy criticism from Democrats
and Republicans, who argue that he is an inappropriate choice for
director. The release of the data-mining story to USA Today
obviously was intended as a means of shooting down his nomination
-- which it might. But what is important here is not the fate of
Hayden, but the fact that the Bush administration clearly has lost
all control of the intelligence community -- extended to include
congressional oversight processes. That is not a trivial point.

At the heart of the argument is not the current breakdown in
Washington, but the more significant question of why the NSA was
running such a collection program and whether the program
represented a serious threat to l... [ Read More (2.0k in body) ]

Not only has BellSouth categorically denied it has provided bulk customer phone records to the NSA, Verizon came out today and said the same thing.

27B Stroke 6: BellSouth and Verizon deny handing over records to NSA

For some reason I haven't memed this blog. Its a really good collective blog on surveillance in the US with loads of decent data points. Kevin Poulsen is one of the bloggers.

27B Stroke 6

And he will be lying, again, just as he lied when he said: "Massive deportation of the people here is unrealistic – it's just not going to work."

Not only will it work, but one can easily estimate how long it would take. If it took the Germans less than four years to rid themselves of 6 million Jews, many of whom spoke German and were fully integrated into German society, it couldn't possibly take more than eight years to deport 12 million illegal aliens, many of whom don't speak English and are not integrated into American society.

If you're really looking for blogistan entertainment you should click through to the guy's blog where he tries to defend this comment by claiming to be a Libertarian and calling everyone else an idiot. Yes, its indeed possible to remove 12 million people from a country. The Germans did it. We've done it before (Trail of tears anyone?). It occured in Isreal although the circumstances are a matter of factual dispute.

These were, of course, all bad moments in history that have left permanent scars on the affected populations. There isn't an example of a happy time when 12 million people were removed from a country. The Holocaust is obviously the worst, and so why choose that as your example? Its obviously not going to look like that here, but there really is no example that is acceptable, which is exactly why this is an insane, and evil idea.

The Republicans have got a real problem here. They've had their pundits out sturring the pots on this for several years now. Their authoritarian base wants to see action and won't be satisfied with any compromises. They aren't interested in anything less then getting to watch a large scale human catasrophy go down here and they'll be smiling about it the whole time. The Republicans cannot actually deliver this nightmare, both because its not really in their economic interest, and because they aren't really that evil.

So we've got 6,000 national guard going down there. Its intended to look tough, but its not, and their base knows it, and it has the additional benefit of taking resources away from the GWOT. They can't make their base happy on this, and unlike most civil liberties issues their base is furious about they can't blame this one on the Supreme Court.

This is going to either split the party in two, ensuring the Democrats control, or its going to futher radicalize it. For moderate Conservatives there is no way to win here unless the subject can be changed. Right now the other topical matter is, ehm, wiretapping.

WorldNetDaily: Against a fence

A senior federal law enforcement official tells ABC News the government is tracking the phone numbers we call in an effort to root out confidential sources.

"It's time for you to get some new cell phones, quick," the source told us in an in-person conversation.

!!!

...within the large pointless program there exists a small, sharply focused program that delivers something the White House really wants.

They aren't looking for Terrorists. They're trying to quash whistle blowers!

Below, Noteworthy ties together a slew of earlier datapoints that hinted at this program, but I must underline this quotation that particularly pisses me off:

White House spokeswoman Dana M. Perino denied that the administration was misleading when it described the NSA program as narrowly drawn.

"It is narrow," she said. "The president has been very specific and very accurate in all of his comments. He said that the government is not trolling through personal information and that the privacy of Americans is fiercely guarded."

When they say "the privacy of Americans is fiercely guarded" what they mean is that they have a team of lawyers who have fiercely produced arguements that what they are doing is legal. Covering your ass is not the same thing as guarding my privacy, god damnit! There is a time when press interview management and spin control is no longer funny, and this is that time. This nation is not made up of little children. The administration has serious questions to answer and they ought to be answering those questions in a serious way.

Going back to Orin Kerr's legal analysis, I'm troubled by how easily the 4th amendment is dismissed here. If the 4th amendment doesn't prevent wholesale data mining of phone call information then what the hell does it prevent!? Even if we find it reasonable that phone users might expect the phone company to share dialed numbers with the government, but not share call content, an arguement I find questionable to begin with, I think we might still expect that the phone company would only do this in special circumstances, and wouldn't be doing it with every single call.

Noteworthy's post is everything below this line:

As illustrated by Negroponte's remarks last week, administration officials have been punctilious in discussing the NSA program over the past five months, parsing their words with care and limiting comments to the portion of the program that had been confirmed by the president in December.

In doing so, the administration rarely offered any hint that a much broader operation, involving millions of domestic calls, was underway. Even yesterday -- after days of congressional furor and extensive media reports -- administration officials declined to confirm or deny the existence of the telephone-call program, in part because of court challenges that the government is attempting to derail.

I continue to be surprised that no one else has recommended Black Arts, by Thomas Powers, more than a year after its publication and appearance on MemeStreams. For this reason, I will reiterate his closing statement for you:

About the failure everyone now agrees. But what was the problem? And what should be done to make us safe?

It wasn't respect for ... [ Read More (0.1k in body) ]

Negroponte Had Denied Domestic Call Monitoring

Dc0de has joined what we have started referring to as "the club." People we know who have received legal threats for saying true things in a public place. This seems to happen a lot to computer security people.

In the United States, you're supposed to have a right to freedom of speech. This isn't just a matter of what the law technically says or means. As Rattle has pointed out before, freedom of speech is a core value in our society. It is a value that transcends what the law merely requires, providing a model for how a mature society addresses all sorts of conflicts: The appropriate way to respond to critics is within the realm of ideas and not within the realm of coersion.

People who use the legal system to squash critics instead of appropriately addressing their criticism in print are operating in a manner that is out of sync with the core values of this nation. I hold this sort of behavior in very poor esteem.

However, this happens all the time, so a more fundamental fix is required. The legal system should not allow itself to be used by wealthy parties as a weapon to coerce people who do not have the resources to defend themselves. This is fundamentally unjust. The legal system must be reformed.

For a smart analysis of these issues see this paper about two other members of "the club," Billy and Virgil.

dc0de wrote:
Part of the presentation includes a slide that shows the Insider Attack Variables, including, Corporate environment and culture. Since the IDR's previous incident was caused by someone not performing their due diligence on 50 fraudulent companies, thereby allowing these companies to freely PURCHASE data from the IDR and commit fraud, I used their loss as an example...

The company that I work for now is terminating me, and claiming that I have to sign the IDR's document, (that they negotiated as part of their settlement), and of course, another document, forbidding me to speak about this issue.

RE: Telling the Truth hurts...

Contracts are being canceled, deals are drying up, prices are starting to drop. The psychology is shifting even as thousands of new homes and condos join the for-sale listings each day - so the downward pressure will only get worse.

Speculators who bought overpriced condos in hope of a quick killing are going to get hosed.

Hold on to your hats.

Welcome to the dead zone

Our popular culture, our dirt-ball street culture teaches us from childhood that the CIA is listening to *all* of our telephone calls and reading *all* of our email anyway.

I keep seeing that in the lower discourse of the Internet, people saying, "Oh, they're doing it anyway." In some way our culture believes that, and it's a real problem, because evidently they haven't been doing it anyway, and now that they've started, we really need to pay attention and muster some kind of viable political response.

Boing Boing: William Gibson on NSA wiretapping